Maritime Pilotage (Amendment) Regulations, 2009

L.N. 367 of 2009

MALTA MARITIME AUTHORITY ACT

(CAP. 352)

Maritime Pilotage (Amendment) Regulations, 2009

IN exercise of the powers conferred by article 28 of the Malta

Maritime Authority Act, the Minister for Infrastructure, Transport

and Communications, in consultation with the Malta Maritime

Authority, has made the following regulations

(1) The title of these regulations is the Maritime Citation and

Pilotage (Amendment) Regulations, 2009 and they shall be read

and construed as one with the Maritime Pilotage Regulations, L.N. 96 of 2003.

2003, hereinafter referred to as “the principal regulations”.

(2) These regulations shall come into force on the 1st

January, 2010.

Regulation 2 of the principal regulations shall be

amended as follows

(a) for the definition “Board” there shall be substituted

the following

““Board” means the Pilotage Board established by

regulation 38 of these regulations;”;

(b)

the definition “Director” shall be deleted;

(c) immediately after the definition “compulsory

pilotage port”, there shall be added the following new

definition

““high speed craft” means a ship which complies

with the provisions of the International Code of

Safety for High Speed Craft (HSC Code) as per IMO

Resolution MSC 36(63);”;

(d) immediately after the definition “port”, there shall

be added the following new definition

““scheduled service” means a series of ship

crossings operated so as to serve traffic between two or

more ports, either according to a published timetable or

with crossings so regular or frequent that they constitute

a recognisable systematic series;”;

(e) in the Maltese text, the definition “servizz ta’

pilotaġġ”, for the word “bastiment” there shall be substituted

the word “vapur”; and

(f) for the Maltese text of the definition “Tul Kollu

(LOA)” there shall be substituted the following

““Tul Kollu (LOA)” tfisser it-tul kollu tal-vapur

mill quddiem nett tal-istruttura permanenti fissa ta’

quddiem sal-waranett tal-istruttura permanenti fissa ta’

wara tal vapur;”.

Immediately after regulation 4 of the principal

regulations, there shall be added the following new regulation 4A

(1) The ports specified in Part III of the

“Compulsory

Schedule to the Act shall be compulsory pilotage ports

and all ships, other than ships excepted under sub-

regulation (2) hereof, shall, while navigating within

the limits of a compulsory pilotage port, whether by

entering, leaving, anchoring or moving, be under the

direction of a pilot

Provided that where an excepted ship

(a) has not taken a berth assigned to her by

the Authority and, in the opinion of the Authority,

is foul or is likely to foul any mark, buoy or some

other ship due to any cause whatsoever; or

(b)

has anchored in the fairway of any port,

then without prejudice to any criminal proceedings

that may be taken against the master of such ship, the

Authority may direct that such ship be moored or re-

moored under the direction of a pilot

Provided further that even in the case of excepted

ships the Authority may direct that their navigation

within the limits of a compulsory pilotage port, whether

entering, leaving, anchoring or moving, shall be carried

out under the direction of a pilot.

(2) For the purposes of this regulation, the

following ships shall be excepted ships

( a ) ships owned or operated by the

Government of Malta;

(b) men-of-war of a foreign power;

(c) ships of less than 500 gross tons

calculated in accordance with the rules for the time

being in force for the measurement of ships under

the Merchant Shipping Act;

(d)

fishing vessels;

(e) yachts;

(f) ships, including tugs, dredgers, barges

and other types of vessels, whose ordinary course

of navigation and trade does not extend beyond the

limits of the territorial waters of Malta; and

(g) high speed craft calling in Malta on

a scheduled service and whose master complies

with qualifications and standards developed by the

Authority from time to time.

(3) The Authority may exempt any ship

from compulsory pilotage where ships are unable to

obtain the services of a pilot due to bad weather or in

any other particular case.

(4) Without prejudice to the provisions of

sub-regulation (2) of this regulation, ships carrying

dangerous goods, disabled ships and tug and tow

combinations may be required by the Authority to

engage the services of a pilot.

(5) Where any port is a compulsory pilotage

port, the Minister may by order define the limits of such

port for the purposes of compulsory pilotage.”.

4. Regulation 7 of the principal regulations shall be

amended as follows

(a) for sub-regulation (1) thereof, there shall be

substituted the following

“(1) Subject to the provisions of these regulations,

the Authority may grant licenses to persons to act as

pilots.”;

(b) in sub-regulation (2) thereof, for the word

“Director” there shall be substituted the words “Authority”;

(c) sub-regulations (2) to (4) thereof shall be

renumbered as sub-regulations (5) to (7) respectively; and

(d) immediately after sub-regulation (1) thereof, there

shall be inserted the following new sub-regulations

“(2)

No person shall be licensed as a pilot unless

he has

(a) passed such qualifying examinations as

may be prescribed;

(b) been licensed as a trainee pilot as

prescribed in these regulations;

(c) obtained such practical experience in the

pilotage of ships during the period referred to in

paragraph (b) hereof;

(d) had his licence confirmed by the

Authority; and

(e) satisfied such other conditions as may

from time to time be prescribed.

(3) The licence issued to a pilot shall indicate the

limits within which the licensee is qualified to act.

(4) Notwithstanding the provisions of this

regulation, the Authority may, if it considers expedient,

authorise any person to pilot a ship in a port subject to

such terms and conditions as it deems fit.”

For regulation 8 of the principal regulations there shall be

substituted the following

(1) The licence issued to a pilot shall be

automatically cancelled by the Authority when the pilot

retires on reaching the retiring age that may from time to

time be prescribed, or if such pilot is found by a Medical

Board appointed by the Authority to be physically unfit

to carry out his duties.

(2) The Authority may also suspend or

revoke the licence issued to a pilot as a consequence of

the award by a Disciplinary Committee of a punishment

consisting in the suspension or revocation of the licence,

or if the pilot absents himself from duty for a period

exceeding one year. Such licence, if so revoked, shall

cease to have effect from the date when such decision

is taken by the Authority and, if so suspended, it shall

cease to have effect for the period for which it is

suspended.

(3) Subject to any condition which the

Disciplinary Committee may make, the Authority may

re-issue a licence to a pilot whose licence has been

revoked under sub-regulation (2) hereof.

(4) A licence issued to pilot shall be

surrendered to the Authority whenever it is for any

reason cancelled, suspended or revoked. In such cases,

the licence shall be returned to the Authority within

twenty-four hours.

(5) A person whose licence has been

cancelled, suspended or revoked shall have a right to

appeal to the Board from the decision of the Authority

or of the Disciplinary Committee by application within

fifteen days of the notification to him of the decision.”.

6. For paragraph (f) of regulation 9 of the principal Amends regulation

regulations, there shall be substituted the following

“(f) produces satisfactory evidence that he has served

as an officer for not less than three years on ships of 2000

gross tons and over;”.

7. Regulation 10 of the principal regulations shall be

amended as follows

(a) in sub-regulation (2) thereof, for the word

“Director”, there shall be substituted the word “Authority”;

(b) in sub-regulation (3) thereof, the words “The Board

may give preference to those successful candidates who

hold superior qualifications and who have the most suitable

practical experience.” shall be deleted; and

(c) immediately after sub-regulation (3) thereof, there

shall be added the following new sub-regulation (4)

“(4) The Board shall give preference to those

successful candidates who hold superior qualifications

and who have the most practical experience. To this

effect, the Board shall issue its first call for applications

for those persons who are qualified in terms of regulation

9(e)(i) to (iv) of these regulations

Provided that if none of the candidates is found to

comply with the necessary requirements, a second call

for applications may be issued to include also persons

with qualifications in terms of regulation 9(e)(v) and (vi)

of these regulations.”.

8. For regulation 13 of the principal regulations there shall

be substituted the following

“13.

(1)

Pilots shall be divided into the following

classes

(a)

Class 1 Pilots: Pilots licensed to pilot any

ship;

(b) Class 2 Pilots: Pilots licensed to pilot ships up

to 300 metres LOA;

(c) Class 3 Pilots: Pilots licensed to pilot ships up

to 250 metres LOA;

(d) Class 4 Pilots: Pilots licensed to pilot ships

up to 200 metres LOA;

(e) Class 5 Pilots: Pilots licensed to pilot ships

up to 170 metres LOA; and

(f) Class 6 Pilots: Pilots licensed to pilot ships up

to 140 metres LOA.

(2) Prior to his application to the Authority for

classification as a Class 5 pilot, a Class 6 pilot must have first

served for at least ten months as a Class 6 pilot and must have

accompanied a pilot for at least 100 moves (25 of which must

be during the night) on ships over 140 metres LOA.

(3) Prior to his application to the Authority

for classification as a Class 4 pilot, a Class 5 pilot must

have served for at least ten months as a Class 5 pilot and

accompanied a pilot for at least 50 moves (13 of which must

be during the night) on ships over 170 metres LOA.

(4) Prior to his application to the Authority

for classification as a Class 3 pilot, a Class 4 pilot must

have served for at least ten months as a Class 4 pilot and

accompanied a pilot for at least 30 moves (10 of which must

be during the night) on ships over 200 metres LOA.

(5) Prior to his application to the Authority

for classification as a Class 2 pilot, a Class 3 pilot must

have served for at least ten months as a Class 3 pilot and

accompanied a pilot for at least 15 moves (5 of which must

be during the night) on ships over 250 metres LOA.

(6) Prior to his application to the Authority for

classification as a Class 1 pilot, a Class 2 pilot must have

served for at least ten months as a Class 2 pilot.

(7) The moves referred to in sub-regulations (2)

to (6) of this regulation must be recorded in a special logbook

kept for this purpose indicating the ship particulars, date, and

nature of move. Each entry shall be countersigned by the

accompanied pilot and Chief Pilot.

(8) The pilot who is to have his licence upgraded

can present proof of his training by the ninth month so that

his application can be processed by the Authority in time to

upgrade his licence when due.

(9) The application of a pilot to the Authority

requesting a licence upgrade shall be accompanied by a copy

of the recorded moves referred to in sub-regulation (7) of this

regulation.

(10) Once an application for an upgrade

accompanied by the records referred to in sub-regulation

(7) of this regulation has been presented by the pilot to the

Authority, the Authority shall issue the upgrade unless

such pilot has, during the previous ten months, been found

negligent in the conduct of his duties by the Disciplinary

Committee appointed by the Board.

(11) In the cases referred to in sub-regulation (10)

of this regulation, where a Disciplinary Committee finds a

pilot negligent in the conduct of his duties the Authority will

determine that period of time, which shall not be longer than

a further ten months, during which the pilot concerned must

continue to operate in the Class from which he is applying

for an upgrade before such pilot is able to re-apply for such

upgrade.

(12) If a pilot fails to upgrade his licence as

specified in sub-regulations (2) to (6) of this regulation for

each category within a period not exceeding eighteen months,

his licence may be revoked

Provided that the pilot shall have a right of appeal

in terms of regulation 8(5) of these regulations.

(13) Under no circumstances, except as stated

in sub-regulation (14) of this regulation and except when

accompanying a pilot for the purposes of sub-regulations (2)

to (6) of these regulations, may a pilot pilot a ship in excess

of the limits stipulated in his licence.

(14) Notwithstanding the restrictions in sub-

regulation (13), the Authority may, at its discretion and having

regard to

(a)

the circumstances; and

(b)

the specification of any ship,

on the request of the Chief Pilot and subject to the pilot’s

consent, authorise a pilot to pilot ships outside the parameters

of his licence.

(15) Such authorisation must be given to the

Chief Pilot in writing and signed by the Authority. If such

authorisation is required outside office hours, it will be given

by the Authority verbally and confirmed in writing as early as

practicable.

(16) The Chief Pilot shall inform and authorise

the pilot concerned and shall give such pilot a copy of

the authorisation referred to in sub-regulation (15) of this

regulation as soon as practicable.

(17) The Chief Pilot shall be guilty of an offence

under these regulations if he instructs a pilot to pilot a ship

outside the parameters of his licence without the required

authorisation in accordance with sub-regulations (14) and

(15) of this regulation.”.

For sub-regulation (2) of regulation 14 of the principal

regulations, there shall be substituted the following

“(2) Such pilot shall have a right of appeal in terms of

regulation 8(5) of these regulations.”

Regulation 16 of the principal regulations shall be

amended as follows

(a) in sub-regulation (3) thereof, for the words “is

sixty-one years of age:”, there shall be substituted the words

“reaches the statutory pension age:”; and

(b) immediately after sub-regulation (3) thereof, there

shall be added the following new sub-regulation (4)

“(4) In this regulation, “statutory pension age”

means that age at which a person becomes eligible to

receive a mandatory social security retirement pension

in terms of the Social Security Act.”.

Immediately after regulation 16 of the principal

regulations, there shall be added the following new regulations

16A, 16B, 16C and 16D

(1) The liability for civil damages of the

“Limitation of

service provider for any loss or damage, including death

and personal injury, resulting from any cause during the

performance of the pilotage service, shall not exceed the

sum of ten thousand euro (€10,000) in respect of any

one service and the cost of the pilotage dues in respect

of the service during which the liability arose.

(2) The liability for civil damages of a

licensed pilot, whether on board a ship or elsewhere, for

any loss or damage, including death and personal injury,

resulting from any cause during the performance of his

duties, shall not exceed the sum of one thousand euro

(€1,000) in respect of any one voyage and the cost of

the pilotage dues in respect of the voyage during which

the liability arose.

(3) Where, without any act or omission by

the Authority, any loss of life or personal injury, or loss

or damage to any ship, or to any property on board any

ship or to any property or rights of any kind, is caused

by a licensed pilot, the Authority shall not be liable

to damages beyond the amount of ten thousand euro

(€10,000).

(4) The limit of liability under this regulation

shall apply to the whole of any losses and damages,

which may arise upon any one distinct occasion although

such losses and damages may be sustained by more than

one person.

(5) The grant or renewal of a licence to a

pilot or the conclusion of a pilotage agreement with the

service provider by the Authority, in accordance with

the provisions of the Act and these regulations, shall

not place or imply any liability on the Authority or the

Government of Malta for any loss or damage occasioned

by an act or default of any pilot or the service provider,

whether the employment of a pilot is compulsory or not.

A pilot may require the master of any ship

Declaration as

which he is piloting to declare her draught of water,

length and beam, and such other information as may be

required for the safe piloting of the ship, and the master

shall comply with any such request.

Every pilot, when acting as such, shall be

Pilot to produce

provided with his licence and shall, if so requested,

produce it to the master of the ship he pilots.

Notwithstanding anything contained in any

law, the owner or master of a ship navigating under the

circumstances in which pilotage is compulsory shall be

answerable for any loss or damage caused by the ship

or by any fault of the navigation of the ship in the same

manner as he would if pilotage were not compulsory

Provided that the owner or master shall be

responsible for any damage incurred to the pilot launch

during the pilot transfer.”.

12. Regulation 17 of the principal regulations shall be

amended as follows

(a) in sub-paragraph (e) thereof, for the words

“provide the Director with such statistical information as he

may require” there shall be substituted the words “provide the

Authority with such statistical information as it may require”;

(b) in sub-paragraph (h) thereof, for the words

“Director” there shall be substituted the word “Authority”;

(c) in sub-paragraph (k) thereof, for the word

“Director” there shall be substituted the word “Authority”.

13. Regulation 18 of the principal regulations shall be

amended as follows

(a) in sub-regulation (8) thereof, for the word

“Director” there shall be substituted the word “Authority”;

(b) in sub-paragraph (c) of sub-regulation (9) thereof,

for the words “Director” there shall be substituted the word

“Authority”; and

(c) in sub-paragraph (d) of sub-regulation (9) thereof,

for the word “Director” there shall be substituted the word

“Authority”.

14. In regulation 19 of the principal regulations, for the

words “Director” wherever they appear there shall be substituted

the word “Authority”.

15. For sub-regulation (4) of regulation 20 of the principal

regulations there shall be substituted the following

“(4) Every master of a ship shall provide a lee and

reduce sufficiently the speed of his ship when the pilot launch

is approaching.”.

16. For regulation 22 of the principal regulations there shall

be substituted the following

A pilot shall not berth or shift any ship from

“Movement

of ships.

her berth without the approval of the Authority.”.

17. Immediately at the end of sub-regulation (1) of

regulation 26 of the principal regulations, there shall be added the

following new proviso

“Provided that in exceptional circumstances, if such

certificate is for any justified reason not available, the

Chief Pilot or the Deputy Chief Pilot may sign the Pilotage

Certificate.”.

18. Regulation 27 of the principal regulations shall be

amended as follows

(a) in the marginal note thereof, for the word

“Director” there shall be substituted the word “Authority”;

(b) in sub-regulation (1) thereof, for the words

“Director or his office as delegated” there shall be substituted

the word “Authority”;

(c) in sub-regulation (2) thereof, for the word

“Director” there shall be substituted the word “Authority”;

(d) in sub-regulations (3) and (4) thereof, for the words

“Director” there shall be substituted the word “Authority”

respectively; and

(e) in sub-regulation (6) thereof, for the word

“Director” there shall be substituted the word “Authority”.

19. Regulation 28 of the principal regulations shall be

amended as follows

(a) in sub-regulations (1) and (2) thereof, for the words

“Director” there shall be substituted the word “Authority”

respectively;

(b) in sub-regulation (3) thereof, for the word

“Director” there shall be substituted the word “Authority”;

(c) in sub-regulation (4) thereof, for the word

“Director” there shall be substituted the word “Authority”;

and

(d) in sub-regulation (5) thereof, for the word

“Director” there shall be substituted the word “Authority”.

20. Regulation 29 of the principal regulations shall be

amended as follows

(a) for the marginal note and sub-regulation (1)

thereof, there shall be substituted the following

(1) A pilot shall embark ships at the pilot

“Boarding and

disembarking

boarding

station as established by the Authority; and

from ships.

disembark at a position as agreed to between the pilot

and the ship’s master, or at a position as directed by the

Authority.”;

(b) in sub-regulation (2) thereof, for the word

“Director”, there shall be substituted the word “Authority”;

and

(c) in sub-regulation (3) thereof, for the words

“Director” there shall be substituted the word “Authority”

respectively; and for the words “he may” there shall be

substituted the words “it may”.

21. In paragraph (a) of sub-regulation (2) of regulation 30

of the principal regulations, for the word “Director”, there shall be

substituted the word “Authority”.

22. In the Maltese text of regulation 31 of the principal

regulations, for the word “bastimenti” there shall be substituted the

word “vapuri”.”

In sub-regulation (3) of regulation 34 of the principal

regulations, for the word “Director” there shall be substituted the

word “Authority”.

Regulation 35 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, for the words

“Director” there shall be substituted the word “Authority”;

(b) in sub-regulation (2) thereof, for the word

“Director” there shall be substituted the word “Authority”;

and

(c) in sub-regulation (3) thereof, for the word

“Director” there shall be substituted the word “Authority”;

and for the words “he shall” there shall be substituted the

words “it shall”.

For regulation 38 of the principal regulations, there shall

be substituted the following

(1) There is hereby established a board,

“Pilotage

Board.

to be called the Pilotage Board, hereinafter referred to

as the Board, which shall exercise and perform the

functions assigned to it by these regulations.

(2) The Board shall consist of the following

members

(a)

a Chairman appointed by the Minister;

(b)

a member nominated by the Authority;

(c) a member nominated by the service

provider; and

(d) a secretary with no voting powers to be

appointed by the Minister.

(3) The Board shall exercise and perform

the following functions

(a) to conduct examinations in connection

with the licensing of prospective pilots and to

advise the Authority accordingly;

(b) to appoint panels of examiners for the

purpose of the examinations aforesaid;

(c) to conduct disciplinary proceedings in

respect of pilots in accordance with the provisions

of these regulations;

(d) to recommend to the Authority the

award to pilots guilty of any breach of discipline

such punishments as may from time to time be

prescribed;

(e) to advise the Authority on any matter

that the said Authority may refer to it from time to

time in connection with pilotage services; and

(f) to perform such other functions as may

be prescribed to it from time to time.

(4) The quorum of the Board shall consist of

the Chairman and two members.

(5) The Board shall reach its decisions by

means of a majority vote.

(6) The Board shall meet as required at such

date, time and place as the Chairman may appoint.

(7) Subject to the provisions of these

regulations, the Board may otherwise regulate its own

procedures.”.

26. Immediately after regulation 38 of the principal

regulations, there shall be added the following new regulation 38A

Disciplinary proceeding amongst pilots

“Discipline.

and trainee pilots shall be administered by the Board in

accordance with regulation 38 of these regulations

Provided that in cases of breach of a pilot’s

obligations under the Code of Conduct, the Authority

shall have the right to temporarily suspend a pilot’s

licence pending disciplinary action by the Board

Provided further that if the Authority takes the

action contemplated in the above proviso and suspends

a pilot, and the eventual decision of the Board is such

as to find the suspension unjustified, the Authority shall

pay to the pilot the earnings he would have been entitled

to during such period and would have lost as a result of

such suspension.”.

27. Regulation 39 of the principal regulations shall be

amended as follows

(a) for sub-regulation (1) thereof, there shall be

substituted the following

“(1) The Board shall appoint a Disciplinary

Committee from outside the membership of the Board,

one of whom shall be the Chairman of the Committee.”;

and

(b) in paragraph (a) of sub-regulation (2) thereof,

for the word “Director” there shall be substituted the word

“Authority”.

28. Regulation 41 of the principal regulations shall be

29. Regulation 43 of the principal regulations shall be

amended as follows

(a) in sub-regulation (1) thereof, for the word

“Director” there shall be substituted the word “Authority”;

(b) in sub-regulation (2) thereof, for the word

“Director” there shall be substituted the word “Authority”;

(c) in the Maltese text of the proviso to sub-regulation

(2) thereof, for the words “id-Direttur għandu jitqies li sar

jaf” there shall be substituted the words “l-Awtorità għandha

titqies li saret taf”.

30. In regulation 44 of the principal regulations, for the

word “Director” there shall be substituted the word “Authority”.

31. In regulation 45 of the principal regulations, for the

words “Director” there shall be substituted the word “Authority”

respectively.

32. In regulation 46 of the principal regulations, for the

word “Director” there shall be substituted the word “Authority”.

33. For regulation 48 of the principal regulations, there shall

be substituted the following

“48. The Authority shall acknowledge in writing the

receipt of such reply and shall indicate the date on which it is

received by it.”.

34. For regulation 49 of the principal regulations, there shall

be substituted the following

“49. If the Authority decides to refer the matter to the

Board, it must refer such matter to the Board within fifteen

days from the receipt of the pilot’s reply or from the day when

the pilot should have submitted the reply.”.

35. In regulation 50 of the principal regulations, for the

word “Director”, there shall be substituted the word “Authority”.

36. For the proviso in sub-regulation (4) of regulation 51 of

the principal regulations, there shall be substituted the following

“Provided that in exceptional circumstances the Board

may for valid reasons extend such period by further periods

of thirty days after a request from the Chairman of the

Disciplinary Committee.”.

37. In sub-regulation (2) of regulation 53 of the principal Amends regulation

regulations, for the words “, not later than five days before the regulations.

hearing of the proceedings”, there shall be substituted the words

“; in so doing, the Chairman of the Committee is to ensure that

sufficient time is allowed for those concerned to receive the said

notifications or summons in time.”.

38. In regulation 55 of the principal regulations, for the

word “Director”, there shall be substituted the word “Authority”.

In sub-regulation (1) of regulation 56 of the principal

regulations, for the word “Director”, there shall be substituted the

word “Authority”.

The Schedule to the principal regulations shall be

amended as follows

(a) the Maltese text of paragraph 1 thereof shall be

amended as follows

(i) in the definition “beam”, for the word

“bastiment” there shall be substituted the word “vapur”;

(ii) in the definition “pixka massima”, for the

word “bastiment” there shall be substituted the word

“vapur”; and

(iii) in the definition “tul kollu (LOA”, for the

word “bastiment” there shall be substituted the word

“vapur”; and

(b) for paragraph 18 thereof there shall be substituted

the following

“18. (a) All ships of 240 meters LOA and over,

entering, leaving or shifting in Grand Harbour, are to

employ two pilots with the exception of cruise liners.

(b) All ships of 300 meters LOA and over

are to employ two pilots

Provided that when it is necessary to employ

more than one pilot for any ship, as stipulated in sub-

paragraphs (a) and (b) hereof, and in the case of ships

with particular configuration and special needs, the

pilotage dues payable by the ship will be commensurate

with the number of pilots providing the service

Provided further that the fee charged for the second

pilot shall be discounted by 50% in those cases where

the ships, as indicated in sub-paragraphs (a) to (b)

hereof, are operated by a particular shipping line, after

carrying out more than 100 movements in a particular

calendar year.”.